Transcript Developing justice within the international climate change framework

Dr. Angela Williams
University of Sussex
DEVELOPING JUSTICE WITHIN THE
INTERNATIONAL CLIMATE CHANGE
FRAMEWORK
CLIMATE CHANGE AND VULNERABILITY

Vulnerability created and/or enhanced by
climate change:
 Rising
sea levels
 Glacial flooding
 Food security and availability of safe water supplies
 Extreme weather
KIRIBATI
Source: kango.org.ki
KIRIBATI
33 island atolls between Australia and Hawaii
 Population c.100,000
 Possibly uninhabitable within 50 years

“We may be beyond redemption ... we may be at
the point of no return, where the emissions in the
atmosphere will carry on contributing to climate
change, to produce a sea level change so in time
our small, low-lying islands will be submerged.”
President Anote Tong (June 2008)
MALI
Two-thirds country located in Sahara Desert
 Majority of population located in rural areas

Development aid projects (e.g. dam
construction)
 Displacement paths developing Mali 
Mauritania  Europe (Spain)

IDEAS OF JUSTICE
Broadly, justice equated to fairness
 Justice based on social and moral values and
thus, very subjective

Distinguish:
 Remedial or Corrective Justice
 Distributive or Social Justice
KIVALINA V. EXXONMOBIL ET AL
Source: celsais.com

Kivalina is claiming monetary damages for:
 Contribution
to global warming by emission of GHGs
 Civil conspiracy and concert of action for
suppressing link between GHG emissions and
global warming

ExxonMobil et al have sought to have claim
dismissed
REMEDIAL JUSTICE & CLIMATE CHANGE

Role of litigation in seeking justice

Polluter Pays principle

Remedial Justice within the current climate
change framework?
DISTRIBUTIVE JUSTICE

Intergenerational Equity
 Balancing
interests of current and future
generations

Intra-generational Equity
 Minimising
the North-South divide and rectifying
current imbalances
COMMON BUT DIFFERENTIATED
RESPONSIBILITY
Article 3(1) UNFCCC
“…Parties should protect the climate system for
the benefit of present and future generations
of humankind, on the basis of equity and in
accordance with their common but
differentiated responsibilities and respective
capabilities. Accordingly, the developed country
Parties should take the lead in combating
climate change…”
PROVISION OF FINANCIAL RESOURCES
Article 4(3) UNFCCC
“The developed country Parties … shall provide
new and additional financial resources to meet
the agreed full costs incurred by developing
country Parties in complying with their
obligations…”
TECHNOLOGY TRANSFER
Article 4(3) UNFCCC
“The developed country parties … shall also
provide such financial resources, including for
the transfer of technology, needed by the
developing country Parties…”
JUSTICE AND CLIMATE CHANGE
Multi-layer approach:
Legal framework incorporates fair distribution
of benefits and burdens
2. Remedial justice mechanisms available where
systems / infrastructure (above) ineffective
1.
THOUGHTS FOR THE FUTURE
Use of ‘common but differentiated
responsibilities’ principle
 Technology sharing
 Adaptation Fund
 Current negotiating climate
